Medical Malpractice Lawyers Serving Wheeling and the Ohio Valley

How Do I Know if I Have a Medical Malpractice Case?

A bad medical outcome does not necessarily mean you have a medical malpractice case. The central questions are whether a healthcare provider failed to meet the applicable standard of care and whether that failure caused you additional harm.

Signs that a case may warrant further investigation can include an unexpected serious injury, a significant delay in diagnosis, treatment of the wrong condition, an unexplained surgical complication, conflicting explanations about what happened, or learning that an important test result or symptom was overlooked.

However, patients often cannot determine from their medical records alone whether malpractice occurred. Medical malpractice attorneys frequently consult qualified medical professionals who can review the treatment provided and evaluate whether it met the appropriate standard of care.

Who Can Be Held Responsible for Medical Malpractice?

Responsibility for a medical injury depends on who provided the negligent care and the relationship between the providers and healthcare facilities involved.

Potentially responsible parties may include:

Physicians and surgeons
Nurses
Anesthesiologists
Radiologists
Pharmacists
Hospitals and health systems
Clinics and medical practices
Other healthcare professionals or facilities


More than one provider may share responsibility for the same injury. A medical malpractice investigation can help determine what went wrong, when it happened, and which individuals or organizations may be legally responsible.

Why Are Medical Malpractice Cases More Complex Than Other Personal Injury Claims?

Medical malpractice cases often require proving not only that an injury occurred, but also what the appropriate medical standard of care required and how a healthcare provider failed to meet that standard.

That usually requires a detailed review of medical records and input from qualified medical experts. The case may involve complex questions about diagnosis, treatment decisions, causation, prognosis, and whether the patient’s outcome would have been different with appropriate care.

West Virginia also has specific laws and procedures governing medical professional liability claims. Before filing many medical malpractice lawsuits, a claimant must complete pre-suit requirements that do not apply to an ordinary personal injury case.

Because of these additional medical and legal issues, investigating a potential malpractice claim can take significant time.

How Long Do I Have to File a Medical Malpractice Claim in West Virginia?

In many West Virginia medical malpractice cases, a claim must be filed within two years of the date of the medical injury or within two years of when the injury was discovered, or reasonably should have been discovered, whichever occurs later. West Virginia law also generally establishes a 10-year outside limit from the date of the medical injury, subject to certain exceptions.

Different rules apply in some circumstances. For example, West Virginia law provides specific limitations periods for certain claims involving nursing homes and assisted living facilities, and special rules may apply when the injured patient is a child.

West Virginia also imposes requirements that generally must be completed before a medical professional liability lawsuit can be filed, including providing notice of the claim to the healthcare provider and, in many cases, obtaining a screening certificate of merit from a qualified healthcare provider.

Because both filing deadlines and pre-suit requirements can affect a medical malpractice claim, it is important to have a potential case evaluated as early as possible.

Hear from Our Clients

We have been privileged to help individuals and families throughout Wheeling, the Ohio Valley, and Pittsburgh pursue justice after serious injuries and losses. Read about their experiences working with Bordas & Bordas.



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